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OUR MEMBERS ARE IN NEED OF O J T,
QUALIFICATIONS: College Students, preferably Computer Engineering, B.S. Computer Science or any IT related course, Above Average oral and written communication skills, allowance depends on the i- Cafe owner. (to be assigned as an Internet Attendant)
Apply now

8th SANGUNIANG PANLUNGSOD 3rd SESSION

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION HELD BY THE SANGUNIANG PANLUNGSUD OF THE CITY OF CEBU IN ITS SESSION HALL MAY 9, 2001

PRESENT:
Hon. Renato V. Osmeña	Presiding Officer
Hon. Franklin N. Seno	Pres. Pro tempor
Hon. Rogelio V. Osmeña	Maj. Floor Leader
Hon. Felixberto A. Rosito	Asst. Maj. Flr. Leader
Hon. Ronald R. Cuenco	Member
Hon. Firmo S. Dayao	Member
Hon. Ernesto A. Elizondo	Member
Hon. Procopio E. Fernandez	Member
Hon. Eugenio F. Gabuya	Member
Hon. Edgardo C. Labella	Member
Hon. Manuel P. Legaspi	Member
Hon. Laurito M. Malinao	Member
Hon. Jose F. Navarro	Member
Hon. Jocelyn G. Pesquera	Member
Hon. Michael L. Rama	Member
Hon. Fe Muntua Ruiz	Member

Absent
Hon. Rodolfo Y. Estella	Member (Sick Leave)
Hon. Anthony Jones Luy	Member

RESOLUTION NO. ‘01-4267

The Sanguniang Panglungsod of the City of Cebu, on motion of Member Labella, seconded by member Pesquera.

RESOLVED, to approved the following ordinance.

ORDINANCE No. 1901

AN ORDINANCE PRESCRIBING GUIDELINES AND REGULATIONS TO OWNERS AND/OR PROPRIETORS OF INTERNET CAFÉ, JOINT, STATION, CENTER OR ANY SIMILAR BUSINESS ENTITY WITHIN THE POLITICAL JURISDICTION OF CEBU CITY AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

WHEREAS, Internet or the computer-based communication and information technology is undeniably the dynamic pillar of the emerging information highway intertwining the borderless global economy today;

WHEREAS, the accelerating deregulation of the said global economy portends Internet explosion as computer companies strive to develop their own brands to address the increasing communication and information technology (IT) markets;

WHEREAS, the entry of the country including Cebu City into the so called Internet society has definitely benefited people from all walks of life in terms of having instant access to world-class information on varied topics;

WHEREAS, side by side with the immense gains of Internet technology is the reality that pornographic, satanic, violent as well as rebellious sites are also accessible to users particularly minors which allegedly comprise the major bulk of the Internet customers in the said metropolis as indicated by the study entitled "Internet Café Users In Cebu City" conducted sometime in the first semester of school year 2000 by the Management Division of UP, Cebu College;

WHEREAS, the ready access of information technology has also bred "Hackers", or anarchic persons who destroy the legitimate files, hard discs and programs of others through the Internet or through Local Area Networking (LAN);

WHEREAS, it has also been disclosed that the raging price competition among the local internet cafes has already led to the closure of some internet establishments to the detriment of the vital industry and its rising number of customers;

WHEREAS, in accord with the general welfare clause of Local Government Code of 1991, it appears that there is a need to enact a viable measure which shall not only ensure the sustainability of this rising vital industry but shall also provide appropriate defense mechanisms designed to shield minor-Internet users against the onslaught of pornographic, satanic, violent and rebellious sites without curtailing everyone’s rights to information and entertainment attuned to the general thrust of the Information Technology (IT) Program of the country;

NOW THEREFORE, the Sanguniang Panlungsod of the city of Cebu in a regular session duly assembled, hereby ordains that:

SECTION 1. Title. This Ordinance is hereby called the Internet Café, Joint, Station, Center or Similar Business Ordinance of Cebu City.

SECTION 2. Definition.

Internet – refers to the worldwide system of computer networks which users at any one computer can get information from any other computer directly to users on other computers.

Internet Café or Cyber Café – refers to a café, coffee or espresso shop or similar food and/or beverage-serving place that has a number of personal computers connected to the Internet and available for use by customers for a fee by the hour or fraction of an hour. Likewise, it also refers to any computer-based communication and information technology site, joint, station, café, center or similar business entity that provides electronic mail and other related services.

Internet User – refers to the using public who avail the services of an Internet café or Cyber café in accessing data and information through the web or local area networking for the purpose of entertainment, news, LAN games, surfing, chatting, advertisement, business.

Electronic mail (E-mail) – refers to the exchange of computer stored messages through the Internet, E-mail messages are usually encoded in American Standard Code for Information Interchange (ASCI) text.

LAN (Local Area Network) – refers to a group of computers with associated devices that share a common communication line and typically shared resources and data by multiple computer users within a small geographic area.

LAN gaming – refers to a local area network gaming, a connection of tow or more computer units attached to a device (hub/switch) that share common games as well as interact to each other.

Gaming Center – refers to an establishment with tow or more computers connected on a local area network which offers gaming services exclusively and doesn’t have an Internet connection.

E-commerce – refers to the conduct of business on-line which among other things includes buying and selling products with digital cash and thru electronic interchanged (EDI).

On-line shopping – refers to the act of purchasing on-line through the Internet with the use of a personal computer & peripherals with Internet connection wherein payment is through a credit card or bank draft.

Surfing – refers to the act of exploring a sequence of Web sites in a random or unplanned manner.

Internet Chatting – refers to talking to one or more people who are using the internet simultaneously via the exchange of typed-in messages requiring one site as the repository for the messages "site chat" and a group of users who take part from anywhere on the Internet.

WWW – refers to World Wide Web or simply called "the Web" which gives access to millions of web sites and pages of information.

Web site – refers to a collection of Web base files on a particular subject that includes a beginning file called home page which serves as a "jumping board" to access other related pages on the site.

Pornographic Site – refers to a web site with depletion of erotic behavior intended to cause sexual excitement; an obscene web sites.

Satanic Site – refers to the sinister, devilish, diabolic, wicked, evil, and fiendish web site on the Internet.

Violent Site – refers to a web site on the Internet which downloads brutal, furious, vicious, and forceful materials.

Irresponsible & Abusive Use On Internet (Hackers) – refers to untrustworthy, capricious use and rude, sarcastic abusive use of the internet. Hackers, refers to a person who destroy the file, hard discs, program, files of others though the Internet or Local Area Networking.

Internet Café Association of Cebu (ICAC) – refers to the SEC-registered aggrupation of Internet Café owners and operators in Cebu.

SECTION 3. Coverage. The following Internet-related establishments hall be covered by this Ordinance, to wit:

Any establishment with more than one (1) computer unit offering Internet services including but not limited to e-mail, fax, games, chatting, surfing and other similar services covered by the Internet technology which are accessed for a fee;

Other business establishments which offer a combination of services such as Food and Internet, bar and Internet recreation and other similar business fusions are still included as Internet Café and covered by this Ordinance;

SECTION 4. Exemption. Any educational institution, private home and corporate entity using the Internet through an Internet Service Provider (ISP) for purposes other than business shall not be covered by this Ordinance.

SECTION 5. GUIDELINES ON INTERNET CAFÉ OPERATION.

The owners and/or proprietors of Internet Café establishments shall comply to the following requirements, to wit:

to secure a business permit and other licenses required by the City Government of Cebu including those which shall cover Internet cafes expansion to other line of services such as offering short term courses which may run between one to six months and which may all under computer programming, computer technology and other such similar courses;
to have a minimum area of 2.5 square meters per computer installed;
to have access to functional toilet facilities;
to effect proper ventilation and preferably air-conditioning system within the premises;
to install a licensed filtering software against pornographic, satanic, violent and rebellious sites;
to use licensed software only;
to display the necessary warning signs against hacking as well as access to pornographic, satanic, rebellious and violent sites;
to display the necessary warning signs against chatting and meeting with dubious and pervert chat pals.
to disallow the use, consumption as well as trade of prohibited drugs, intoxication beverages, and cigarettes within the premises of Internet establishments;
to accredit with the Internet Café Association of Cebu (ICAC) or any legitimate organization of owners and\or proprietors of internet cafes in Cebu City.

SECTION 6. Enforcement. For efficient and effective implementation of this Ordinance, the Business Permit Section under the Administration Office of the City Government of Cebu is hereby empowered to enforce the following pre application requirements for the Issuance and/or re-issuance of a business permit, to wit:

6.1 Sanitary permit covering functional toilets from the city Health Department;

6.2 Permit covering occupancy ratio, computer spacing, ventilation and air conditioning system from the office of the Office of the Building Official;

6.3 Fire safety clearance from the City Fire Department;

6.4 Copy of the clearance issued by NARC and Liquor Licencing commission;

6.5 Copy of the permit covering short term courses which may run on to six months and which may fall under computer programming, computer technology as well as other similar courses from DECS;

6.6 Accreditation copy issued by the Internet Café Association of Cebu (ICAC) or any legitimate organization of owners and / or proprietors of internet cafes in Cebu City; and

6.7 Other necessary permits for the issuance of business permit.

SECTION 7. Penalty. Willful violation on the part of the owners or operators of Internet café, joint, station, center or any similar business entity against the provisions of this Ordinance shall subject the same to the following, to wit:

First Violation - P1,000 Fine
Second Violation - P3,500 Fine
Third Violation - P5,000 Fine and Revocation of business license or permit

SECTION 8. Saving Clause. Should any part or parts of this Ordinance be declared invalid or unconstitutional, the other parts not declared shall remain in force and effect.

SECTION 9. Repealing Clause. Any other ordinance or parts thereof inconsistent herewith are hereby repealed or modified accordingly.

SECTION 10. Effectivity. This Ordinance shall take effect after four (4) consecutive weeks of posting in all of the offices and departments of the City Government of Cebu and at the public posting places of the Sangguniang Panlungsod.

CARRIED UNANIMOUSLY.